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It's not subjective - you either exhibited a clue or you didn't. It's not like the LEO evaluates his thoughts on your performance out of a possible score of 100 or some other sliding scale.

Regarding the guy with Polio - during pre-screening you obtain info about the suspect's medical history. If you don't get the info, how would you know about the issue. The test also aren't validate for elderly or people 50lbs overweight.

Re: sjfcontrol

You can't walk a line and turn? Can you walk normally when not performing a test? Can you stand on a leg?

Are you elderly or overweight? Do you have any long term injuries? What do you mean when you say you "couldn't" do the tests...

The only reason I've seen that people can't even attempt it is they are extremely intoxicated. Most can do the test, even if exhibiting clues...

hirundo82 wrote:

Keith B wrote:If the officer feels he has reasonable suspicion you are impaired, then he can perform field sobriety tests to see if your reactions and responses are appropriate. At that time, if he feels he has probable cause to arrest you for DWI, then he can. Alcohol doesn't even have to come into play.

It's good to also note that you have a 5th Amendment right to refuse to take field sobriety tests, which are notoriously subjective.

They are definitely not subjective. They are in fact standardized and have been validated by a number of medical and scientific organizations. The majority of contrary claims are initiated by lawyers that specialize in DWI cases. It's a smart advertisement tool that generates business.

I've seen solid cases loose. Nothing is an automatic conviction.

If a case doesn't meet the elements than either CA/judge/jury can let him off.

You can reference DWI case law since it operates on the same definition of intoxication as a CHL will be held to.